Fed Rule Civil Procedure Flashcards
FRCP 1 scope and purpose
These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”
FRCP 3
“A civil action is commenced by filing a complaint with the court.”
FRCP 7a Pleadings allowed in federal civil cases
Only these pleadings are allowed:
A complaint;
An answer to a complaint;
An answer to a counterclaim designated as a counterclaim;
An answer to a crossclaim;
A third-party complaint;
An answer to a third-party complaint; and
If the court orders one, a reply to an answer.
FRCP 8a General rules of pleadings
A pleading that states a claim for relief must contain:
A short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
A short and plain statement of the claim showing that the pleader is entitled to relief; and
A demand for the relief sought, which may include relief in the alternative
FRCP 10
a) Caption; Names of Parties
Every pleading must have a caption that includes:
The name of the court,
The title of the action,
The file number, and
A designation of the pleading (e.g., “Complaint” or “Answer”).
(b) Paragraphs; Separate Statements
A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances.
A later pleading may refer by number to a paragraph in an earlier pleading.
Each claim founded on a separate transaction or occurrence—and each defense other than a denial—must be stated in a separate count or defense if doing so would promote clarity.
(c) Adoption by Reference; Exhibits
Adoption by Reference:
A statement in a pleading may refer to another part of the same pleading, another pleading, or any motion.
Exhibits:
A copy of a written instrument that is an exhibit to a pleading is considered part of the pleading for all purposes.
FRCP 9 Pleading special matters
(b) Fraud or Mistake Conditions of mInd
This rule requires that when alleging fraud or mistake, the party must state the circumstances constituting fraud or mistake with particularity.
However, malice, intent, knowledge, and other conditions of a person’s mind may be alleged general
Purpose: This rule aims to ensure that fraud or mistake allegations are substantiated with detailed facts to prevent frivolous claims and give the opposing party enough information to prepare a defense.
Key Elements to Plead with Particularity (often summarized as “who, what, when, where, and how”):
Who made the false representation?
What was said or omitted that was fraudulent?
When and where did the fraud occur?
How was the fraud carried out, and why is it fraudulent?
FRCP 9(g): Special Damages
This rule states that if a party is claiming special damages, they must be specifically stated.
Special damages are those that do not naturally flow from the events alleged and are not presumed under general damages. Instead, they arise from specific circumstances and require explicit pleading to notify the opposing party.
Examples of Special Damages:
Loss of business due to defamation.
Extra medical expenses for an unusual treatment. Any damage that cant be easily or regularly seen by the particular conduct.
Practical Implication:
Rule 9(g) ensures that a party seeking special damages provides sufficient notice of the nature of the damages, so the opposing party can adequately prepare to address them.
FRCP R12 (b)6
Rule 12(b) of the Federal Rules of Civil Procedure (FRCP) provides the defenses that a party may assert in response to a complaint
Failure to state a claim upon which relief can be granted
The complaint does not allege sufficient facts to establish a legal claim.
Rule 12(b) of the Federal Rules of Civil Procedure (FRCP) provides the defenses that a party may assert in response to a complaint. These defenses can be raised by motion, and they are commonly referred to as Rule 12(b) motions. The rule lists the following defenses:
1 Lack of subject-matter jurisdiction
The court does not have the authority to hear the case.
2 Lack of personal jurisdiction
The court does not have jurisdiction over the defendant.
3 Improper venue
The case has been filed in the wrong location.
4 Insufficient process
There is a defect in the summons itself.
5 Insufficient service of process
The summons and complaint were not properly served on the defendant.
6 Failure to state a claim upon which relief can be granted
The complaint does not allege sufficient facts to establish a legal claim.
7 Failure to join a party under Rule 19
The complaint fails to include an indispensable party necessary for just adjudication.
(c) Motion for Judgment on the Pleadings
After the pleadings are closed but early enough not to delay trial, a party may move for judgment on the pleadings.
(d) Result of Presenting Matters Outside the Pleadings
If a party presents matters outside the pleadings in a motion under Rule 12(b)(6) or 12(c), the court treats the motion as one for summary judgment under Rule 56.
(e) Motion for a More Definite Statement
A party may move for a more definite statement of a pleading that is so vague or ambiguous that the responding party cannot reasonably prepare an answer.
(f) Motion to Strike
The court may strike from a pleading any redundant, immaterial, impertinent, or scandalous matter:
On its own.
On motion made by a party before responding to the pleading or, if no response is allowed, within 21 days after being served with the pleading.
(g) Joining Motions
A party must consolidate all Rule 12 defenses and objections available to them into one motion.
If a defense is omitted from the initial motion, it is generally waived unless allowed under (h)(2) or (h)(3).
(h) Waiving and Preserving Defenses
Certain defenses (e.g., personal jurisdiction, venue, insufficient service) are waived if not raised in the first motion or responsive pleading.
Lack of subject-matter jurisdiction can never be waived and can be raised at any time.
These defenses must generally be raised in the defendant’s first response to the complaint (either by motion or in the answer), except for subject-matter jurisdiction, which can be raised at any time.
If not raised in a timely manner, most defenses (except subject-matter jurisdiction) are waived under Rule 12(h).
Rule 12(b)(6) motions (“failure to state a claim”) are often a critical focus in litigation and require the court to evaluate the sufficiency of the complaint’s factual allegations under the standards established in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal.
FRCP 8(d)(1), (2), and (3)
Under Federal Rule of Civil Procedure 8(d), the rules address how parties must present their allegations and defenses.
Rule 8(d)(1): Simplicity and Directness
Each allegation must be:
Simple
Concise
Direct
No technical form is required. The focus is on clarity and ensuring the pleading effectively communicates the party’s claims or defenses.
Rule 8(d)(2): Alternative Statements of a Claim or Defense
A party may set out two or more statements of a claim or defense alternatively or hypothetically.
If one alternative is sufficient, the pleading is not defective, even if others are insufficient.
This allows flexibility for parties to present various legal theories without being bound to just one.
Rule 8(d)(3): Inconsistent Claims or Defenses
A party may state as many separate claims or defenses as it has, regardless of consistency.
This rule explicitly permits inconsistent or contradictory allegations in a pleading, recognizing that a party may not know all facts at the pleading stage.
Practical Application:
Rule 8(d)(1) ensures pleadings are straightforward and accessible.
Rule 8(d)(2) and (3) allow litigants to present alternative or inconsistent theories, which is particularly useful when the facts are unclear or when multiple legal interpretations are plausible.
ALWAYS REMEMBER
Pleading is a skillset that leads to great outcomes
Federal Rule of Civil Procedure 2
There is one form of action—the civil action.”
Explanation:
This rule simplifies and unifies the procedural system by abolishing the historical distinction between legal actions (e.g., suits for damages) and equitable actions (e.g., injunctions or specific performance).
Under Rule 2, all civil cases, regardless of the type of relief sought, are processed and adjudicated using the same procedural rules.
This rule aligns with the goals of the Federal Rules of Civil Procedure to streamline litigation and reduce complexity.
FRCP R4 Summons
Contents
a. A summons must:
Name the court and the parties.
Be directed to the defendant.
State the plaintiff’s attorney’s name and address (or the plaintiff’s if unrepresented).
Notify the defendant of the time frame for filing a response.
Warn that failure to respond may result in a default judgment.
Be signed by the clerk and bear the court’s seal.
b. Issuance
The plaintiff is responsible for presenting the summons to the clerk, who will sign, seal, and issue it.
A copy must be issued for each defendant.
c. Service 4 steps**
Who serves: Any person over 18 who is not a party to the case may serve the summons.
How served:
By personal delivery.
By leaving a copy at the individual’s dwelling or usual place of abode with someone of suitable age and discretion residing there.
By delivering to an agent authorized by law.
(d) Waiving Service
A defendant may waive formal service by signing and returning a waiver request.
If the defendant waives service, they receive extra time to respond (typically 60 days after the request is sent, or 90 days if outside the U.S.).
(e) Serving an Individual in the U.S.
Service is permitted by:
Following state law for service in the state where the district court is located or where service is made.
Using the methods outlined above for personal service.
(f) Serving an Individual in a Foreign Country
Methods include:
Any internationally agreed means, such as the Hague Service Convention.
A method reasonably calculated to give notice, such as as permitted by foreign law or directed by the foreign authority.
(g) Serving a Minor or Incompetent Person
Service must comply with state law in the state where service is made.
(h) Serving a Corporation, Partnership, or Association
Service can be made by:
Delivering the summons and complaint to an officer, managing or general agent, or any other agent authorized to receive service.
Following state law for service on such entities.
(k) Territorial Limits
Service establishes personal jurisdiction if:
Authorized by a federal statute.
The defendant is subject to jurisdiction under the long-arm statute of the state where the district court is located.
(m) Time Limit for Service
A defendant must be served within 90 days after the complaint is filed.
If not, the court must dismiss the action unless the plaintiff shows good cause for the delay.
FRCP 5 (a) Service - When Required
(1) Papers That Must Be Served
Every paper must be served on every party, unless the court orders otherwise, including:
Orders stating the terms of service.
Pleadings filed after the original complaint.
Discovery papers required to be served on a party.
Written motions (except those that can be heard ex parte).
Written notices, appearances, demands, offers of judgment, and similar papers.
(2) If a Party Fails to Appear
No service is required on a party who is in default for failing to appear unless:
A pleading asserts a new claim for relief against that party.
In that case, the pleading must be served in the manner provided for serving a summons under Rule 4.
FRCP R 5 (b) Service - How Made
(1) Serving an Attorney or Party
If a party is represented by an attorney, service must be made on the attorney unless the court orders service on the party.
(2) Methods of Service
Service can be made by:
Delivery: Handing it to the attorney or the party.
Office delivery: Leaving it at their office with a person in charge or in a conspicuous place if no one is in charge.
Home delivery: Leaving it at their dwelling or usual place of abode with someone of suitable age and discretion residing there.
Mail: Sending it to their last known address, in which case service is complete upon mailing.
Electronic Means: Sending it by electronic means (e.g., email) if the person consented in writing, and service is complete upon transmission unless notified of failure.
Court facilities: Filing it with the court clerk if no address is known.
(3) Service by Court Facilities
If a local rule allows, the court clerk may serve the papers by mailing or electronically delivering them.
(4) Multiple Parties
If there are many defendants or parties, the court may order that pleadings and other papers need not be served on all of them, but rather only on the court and lead counsel, who must notify others as directed
7 (b) MOTIONS AND OTHER PAPERS.
1) In General. A request for a court order must be made by motion. The motion must:
(A)
be in writing unless made during a hearing or trial;
(B)
state with particularity the grounds for seeking the order; and
(C)
state the relief sought.
(2)
Form. The rules governing captions and other matters of form in pleadings apply to motions and other papers
